The Delhi High Court has acquitted a man who was convicted under the Protection of Children from Sexual Offences Act (POCSO). The court ruled that the phrase “physical relations,” as used by the minor survivor, cannot be presumed to signify sexual assault without substantial evidence. 

The High Court, in its judgment delivered on December 23, acknowledged the ambiguity in the use of the term “physical relations.” It emphasized that the mere use of this phrase by the survivor did not automatically imply sexual assault or penetrative sexual assault. The bench, comprising Justices Pratibha M. Singh and Amit Sharma, pointed out that there was insufficient clarity about what the survivor meant by “physical relations,” noting that it could refer to various actions that do not necessarily equate to sexual assault.

The High Court further observed that the trial court’s decision lacked adequate reasoning, particularly in establishing a connection between the survivor’s use of “physical relations” and an act of sexual assault.

The bench questioned the trial court’s conclusion that the survivor’s voluntary association with the accused pointed to an assault, emphasizing that such a leap in logic requires clear and convincing evidence.

According to a report by PTI, the court said, “The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase ‘physical relations’, but there is no clarity as to what she meant by using the said phrase.” 

The bench also reiterated that when there is doubt about the charges, the benefit must be given to the accused. Given the lack of clear evidence and reasoning in the trial court’s verdict, the High Court ruled in favor of the accused, acquitting him of the charges.

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